Case Overview

• Claim: 9288-7223 Québec inc. (the Contractor) sued for $58,309.59 as payment for construction work.
• Defense: Yves Robitaille & Debbie Richard (the Homeowners) argued that the work contained defects (malfaçons), justifying non-payment.

Key Issues & Tribunal’s Findings

1. Price of Work

   • The agreed price was $47,000, not the $58,309.59 claimed by the Contractor.
   • No hourly rate was agreed upon; the Homeowners accepted a verbal quote.

2. Existence of Defects (Malfaçons)

   • Yes, the Tribunal found multiple construction defects:
     • French Drain: Installed too high, making it ineffective.
     • Foundation Wall ("Decorative Wall"): Poor insulation and improper attachment to the existing foundation, accelerating deterioration.
     • Retaining Wall: Poor construction, lacking proper drainage, foundation, and inclination, leading to soil erosion.

3. Did the Homeowners Accept the Defective Work?

   • No. They consistently raised concerns before and after receiving the invoice.

4. Amount Justifiably Withheld Due to Defects

   • The Homeowners were justified in withholding $39,000 to cover repairs.

Final Judgment

• The Homeowners must pay $8,000 to the Contractor.
• No court costs were awarded to the Contractor due to the extent of defects and the useful expert evidence provided by the Homeowners.